Fight Santa Fe County's Unjust STR Ordinance!
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Just to clarify….
STR Fellowship of Santa Fe County is a true grassroots organization comprised of STR owners across Santa Fe County and the City of Santa Fe who have come together to fight Santa Fe County's unlawful STR ordinance and Tax Assessor, Isaiah Romero's illegal property tax reclassification of STRs to commercial - essentially putting most Santa Fe STR owners in grave harm of losing their homes if they continue.
The STR Fellowship initially came together in late 2022 to advocate for reasonable regulation which evolved into having to supporting the plaintiffs in filing the lawsuit that will property all STR owners rights.
One of the core arguments of the Santa Fe County Lawsuit targets the foundation of the Tax Assessor's reasoning for changing our classification to commercial. The NM Appellate Court ruled in 2013 that STRs are residential "in use", yet Romero persists in violating state law.
The Fellowship continues to fight for reasonable STR regulations by:
- Advocating strenuously in support of fair STR regulations and against unconstitutional attacks on our property rights
- Supporting the courageous STR owners who filed a lawsuit in Federal court challenging the County’s STR ordinance
- Raising funds through our GoFundMe campaign to support the lawsuit as it progresses through Federal Court
- Coordinating with regional, state, and national organizations that are also battling unfair STR regulations
- Vigorously opposing County Tax Assessor Isaiah Romero’s plan to reclassify STRs as “non-residential” and dramatically increase our property taxes.
And keeping County and City STR owners updated on the legal issues, lawsuit process and other important matters impacting our ability to operate our short-term-rentals.
The Santa Fe STR Alliance (SFSTRA) is a 501c6 membership organization. The Alliance is not involved in the Santa Fe County Lawsuit. The STR Fellowship and Santa Fe STR Alliance are not the same organization. The STR Fellowship is not formally affiliated with the Alliance (SFSTRA).
The STR Fellowship is solely focused on fighting in the courts for you. 100% of our operating costs are funded by talented volunteers. 100% of all donations go into the legal fund.
Our attorneys have advised a successful Federal Court ruling will protect all County STRS and by extension City and State STRs as residential in “use”, preventing STRs from being unfairly restricted, regulated, or taxed by the county, city or state.
If we win, the BCC will be forced to go back to the drawing board and write an ordinance that is fair, just, reasonable and legal. Also, Romero’s plan to declare STRs as “nonresidential,” to reassess your property to current market value and to impose crushing commercial tax rates will be stopped dead in its tracks.
We must win. Your contributions to the GoFundMe are critical to keep the lawsuit moving through the courts. Please consider donating “a night to the fight” – give the amount you would get from a single night’s booking to support our efforts to end unfair STR regulation and taxation.
READ ON For More Details:
The STR Fellowship of Santa Fe County and The Homeowners of Santa Fe County have joined forces to support the Federal Lawsuit filed in July 2023 by plaintiffs who represent all Santa Fe property owners interests - in challenging the legality of Santa Fe County's Short Term Rental Ordinance. ( Find out more about The Homeowners of Santa Fe County here)
If you are an STR owner/operator, Property Owner, Property Manager, Realtor or Developer in Santa Fe County or the City of Santa Fe, YOU WILL DIRECTLY BENEFIT from the successful outcome of this lawsuit.
We have already raised over $78,000 with our crowdfunding efforts and a silent supporter's generous donation of $25,000 but we still need to raise the final $47,000.
Why Should You Care About This Lawsuit and Donate?:
- The successful outcome of this lawsuit will be the deciding factor in how STRs are regulated and taxed in Santa Fe.
- The Santa Fe County STR Lawsuit will stop the Santa Fe Tax Assessor's ability to change your property tax "use" classification from "residential" to "non-residential". A major challenge within the SFC STR lawsuit is the fact that NM Appellate Court has ruled in 2013 that STRs are residential in "use". This is important because the Tax Assessor's sole foundation for changing STR property valuations is based upon his interpretation of the property's "use". The NM Appellate Court ruled: "STRs are primarily residential, no different than primary, vacation, or long term rental homes." In addition, 23 Appellate and State Supreme Courts across the country have ruled the same - STRs are RESIDENTIAL in USE, not commercial. The successful outcome of the SFC Lawsuit will prevent your property taxes from being increased 30% in one year and prevent high, compounded annual increases in the years to come. It will preserve and protect your property's market value. This is the single most important action taken to protect property rights in Santa Fe in decades.
- The SFC Lawsuit will eliminate the risk of your mortgage being recalled because it will now be considered "non-residential" with the Tax Assessor's "use" re-classification. The Santa Fe Association of Realtors (SFAR) has expressed a grave concern that if the SF Tax Assessor isn't stopped, the re-classification of mortgages is a real possibility. How will you obtain a commercial mortgage for your home after your residential one is recalled?
- The SFC Lawsuit will prevent property insurance costs from skyrocketing - your property will not be re-classified as a commercial property.
- If the re-classification is not stopped, property sales in Santa Fe will be negatively impacted. SFAR has communicated to the Assessor that his tax change will impact sales, as it will limit a property's use, as well as decreasing its market value. Properties will have to be disclosed as "commercial" and disclose the significantly higher property taxes on the MLS. Who is going to want to buy a home that is classified as commercial and subject to high commercial rates? How will a prospective buyer obtain a mortgage or insurance for a home classified as commercial in a residentially zoned area? It's a nightmare.
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In addition to the issue of property tax re-classification, the SFC STR lawsuit will protect essential personal and property rights.
For those in the City - this matters to you too.
If the County gets away with their unlawful ordnance, the City of Santa Fe will seek to incorporate the more restrictive elements of the SFC ordinance into the City's ordinance. The City is currently in the process of revising its Land Use Code - which will impact STRs.
Protect your rights while you can.
The SFC Lawsuit argues the County ordinance:
1. Violates federal property rights – The ordinance limits how you can use your property without any data to show those limits “protect the greater community’s needs.” The Constitution expressly protects your right to use your property to its highest good.
2. Violates interstate commerce laws - The moratorium on non-owner occupied STRs violates federal law. It prohibits a party from one state from doing business in another state.
3. Violates privacy laws – The ordinance requires STR owners to send notifications including personal information to adjacent neighbors. This violates privacy laws and may expose STR owners to potential harassment. We have reports of STR owners being targeted by neighbors with false claims of violations and guests being assaulted by neighbors. Code enforcement officers have made illegal property searches and drones have been used to surveil STR properties. This is exactly what we feared would happen.
4. Is vague – this makes the ordinance fundamentally unlawful and unconstitutional. Governmental bodies are prohibited from making laws that are vague/unclear.
5. Is administered and directed by one person – In Santa Fe County, the Growth
Management Director is both interpreting and enforcing the STR ordinance. It is
unconstitutional for one, unelected government employee to both determine law and enforce that law. The Board of County Commissioners simply rubber-stamped the GMD's ordinance.
6. Is being applied subjectively and openly discriminates against non-owner occupied STR owners, as well as owners of older properties. Non-Owner Occupied STRS are being held to more restrictive permit requirements. The County is requiring STR owners to produce original development permits for their entire property, regardless of the number of previous property owners and the age of the property. If you do not have the development permits, your entire property becomes subject to the 2016 Sustainable Land Development Code. We have reports of STR owners being forced to obtain 'after the fact' permits and 'variances' prior to being approved for STR permits. These unnecessary requirements have come with orders to make expensive changes to their properties: Pouring concrete down bathroom drains, tearing down garages, redoing driveways, making additions to homes - all in order to comply with the SLDC.
7. The retroactive enforcement of the 2016 SLDC (Sustainable Land Use Development Code) and disregard of the "Existing Building Code" is unlawful - No other property owners are subject to this type of retroactive development code review for a business license for existing properties. The costs associated with obtaining so-called "After the Fact" permits or "Variances" are cost prohibited. Is your neighbor subject to the same review because their home was built before 2016, they are the 3rd owner and don't have copies of the original development permits? No other STR ordinances in the State of New Mexico or other states have such a requirement.
8. The County is in violation of State Law. Santa Fe County does not have Home Rule Authority granted by the State. In simple terms, that means the County has a limited scope of authority and must abide by State rules in notable areas of regulation. In other words, county laws can not be more restrictive than State law because they do not have Home Rule authority. By contrast - the City of Santa Fe was granted Home Rule in the late 1960's. The City demonstrated its competency to have a higher level of autonomy, assembled a building department, and developed a city constitution approved by voters.
We all support reasonable and lawful regulation.
But the time for diplomacy has passed.
The County and the Tax Assessor have made it clear they will not listen to reason after 14 months of our lobbying efforts.
We need you to join us in protecting the rights of all property owners and those who depend upon STRs for their livelihoods
WE NEED EVERY IMPACTED PARTY TO SUPPORT THIS EFFORT.
The legal team of Stephen Domas of DomasLaw, LLC (lead NM counsel) and Christopher Grimmer (co-counsel) are representing our interests in the case. Both attorneys have graciously provided months of work on this case without pay, in order to get us to the point of filing. They believe our case is strong - supported by case law and morally just. They believe we must stand up to this tyrannical abuse of our rights.
WE SIMPLY CAN NOT AFFORD TO NOT SUPPORT THIS LAWSUIT. You can donate anonymously, if you prefer.
You can also send a check to:
DomasLaw, LLC
128 Grant Avenue
Suite 102
Santa Fe, NM 87501
Note on check: "STR Lawsuit Donation"
If you need more information on how the lawsuit and the property tax re-classification will impact you- check out The Homeowners of Santa Fe County's article here.
Please Donate. Please Donate as Often as you can.
Every Dollar Counts.
Thank you for your support.
The STR Fellowship of Santa Fe County
Sign up for updates at: The Homeowners of Santa Fe County
DISCLAIMER
This crowdfunding effort is solely for the benefit of funding theSTR Lawsuit against the Santa Fe County Short-Term Rental Ordinance. Funds are deposited directly into DomasLaw, LLC's trust account. This effort is not for the personal benefit of lead attorney Stephen Domas, although his name is shown as the "beneficiary" above.
By contributing to this legal fund, you hereby agree to the following:
- You are contributing to the legal fund to challenge Santa Fe County Ordinance 2202-07, regulating short -term rentals in Santa Fe County.
- Your contribution is to a legal fund to help finance the lawsuit only, and in no way serves as a retainer for legal services and in no way creates an attorney/client relationship between you and the attorneys handling this case.
- The suit will have several named plaintiffs who are owner/operators of short-term rentals in Santa Fe County and as such, those named plaintiffs will be the only ones to officially enjoy the attorney/client relationship with the handling attorneys.
- The attorneys are ethically bound to only share information with their clients and, therefore, cannot share information with others, or respond to inquiries from others, regardless as to whether they have contributed to this legal fund.
Again, thank you for your contribution to this legal fund challenging Santa Fe County’s STR ordinance and for protecting the rights of all Santa Feans.
Fundraising team (3)
Elizabeth Emmens
Organizer
Santa Fe, NM
Stephen Domas
Beneficiary
Stephen Domas
Team member